Regulations of Shanghai Municipality on Construction-Related
Energy Conservation
(Adopted at the 21st Session of the Standing Committee of the 13th Shanghai
Municipal People’s Congress on September 17, 2010)
Chapter I General Provisions
Article 1
With a view to strengthening this Municipality’s administration of construction-related
energy conservation, reducing construction-related energy consumption, and improving
energy efficiency in construction, these Regulations are formulated in accordance with the
Energy Conservation Law of the People’s Republic of China, the Construction Law of the
People’s Republic of China, the Regulations on Energy Conservation in Civil Buildings, and
other relevant laws and administrative regulations, and in the light of the actual circumstances
of this Municipality.
Article 2
These Regulations shall apply to construction-related energy conservation and related
supervisory and administrative activities within the jurisdiction of this Municipality.
Article 3
“Construction-related energy conservation” in these Regulations means the activities and effective
measures taken to reduce energy consumption and increase energy efficiency in the construction,
renovation and use of civil buildings and in the construction of industrial buildings and urban infrastructure
projects in accordance with the requirements of relevant laws, rules, regulations and technical standards.
Article 4
The municipal construction department shall be responsible for the supervision and
administration of construction-related energy conservation in this Municipality, and the
Municipal Construction Market Office (hereinafter referred to as the MCMO) shall be
responsible for the specific administrative work thereof as well as for imposing administrative
penalties within its powers delegated hereby.
The district/county construction departments shall be responsible for the supervision and
administration of construction-related energy conservation within their respective
jurisdictions in line with their respective functions and duties.
The municipal and district/county departments of development & reform, government
offices administration, planning, finance, statistics, quality and technical supervision, housing
administration, commerce, tourism, education, and public health shall assist and cooperate in
the implementation of these Regulations within their respective functions and duties.
Article 5
The people’s governments at all levels of this Municipality shall strengthen their leadership role in the
work of construction-related energy conservation, actively cultivate the market of construction-related
energy conservation services, improve the service network of construction-related energy conservation,
encourage the development and application of construction-related energy conservation technologies,
promote international exchange and cooperation in construction-related energy conservation, make
government-invested construction projects models in energy conservation, and organize relevant
departments for publicity and education programs regarding construction-related energy conservation.
The work of construction-related energy conservation shall be part of the examination and evaluation
on the energy efficiency performance of the municipal construction department and the district/county
people’s governments, and this Municipality shall conduct examination and assessment to see whether the
set targets of construction-related energy conservation are met and whether construction-related energy
conservation measures are implemented.
Chapter II General Rules
Article 6
The municipal construction department shall make a plan of construction-related energy conservation
for this Municipality in accordance with its long- and medium-term plan for energy conservation and in the
light of the actual needs of urban construction and economic development. Such plan shall be submitted to
the Municipal People’s Government for approval before being implemented.
Article 7
In preparing the detailed urban plan, the layout, shape and orientation of a building shall be
determined according to the energy conservation requirements for civil buildings, with the features of the
surrounding buildings taken into consideration.
When examining the design of a civil construction project, the municipal and district/county planning
departments shall consult the construction department at the same level as to whether the design meets the
mandatory energy conservation standards for civil buildings. No planning permit shall be issued for a
building whose design fails to meet such mandatory standards.
Where an investment on a civil construction project needs to be examined or verified for approval, the
municipal and district/county departments of development & reform shall conduct examination on the
aspects of construction-related energy conservation; if they fail to meet the mandatory standards of energy
conservation for civil buildings, the project shall not be approved.
Article 8
With respect to cladding structures, energy systems of buildings, the application of renewable energy
in buildings, the renovation of existing civil buildings for the sake of energy conservation, the municipal
construction department may formulate and make known to the public local standards of constructionrelated energy conservation which are higher than the national or industrial standards, in the light of the
climate and economic development level of this Municipality and by adhering to the principles of state-ofthe-art technology and economic feasibility.
In areas where there are no national or industrial standards for energy consumption, such as in
construction activities, the municipal construction department shall formulate local standards for
construction-related energy conservation.
Article 9
The development, design, examination, construction, inspection and supervision units of construction
projects shall implement the national and local mandatory standards of construction-related energy
conservation.
If the local mandatory standards for construction-related energy conservation are higher than the
national or industrial standards, the local mandatory standards shall be implemented.
Article 10
This Municipality shall encourage the development of new energy conservation
construction materials and the promotion of new energy efficient construction technologies
and processes.
The municipal construction department shall put the energy efficient construction
materials into the municipal catalog that divides construction materials into three categories:
encouraged, restricted or prohibited.
Energy efficient construction materials that are listed under the “encouraged category” shall be the
first choice for construction projects of this Municipality.
No construction materials of high energy consumption that are listed under the “prohibited category”
shall be used for the construction projects of this Municipality.
Article 11
This Municipality shall encourage the research on using in construction solar energy, geothermal
energy, wind energy, biomass energy and other forms of renewable energy, as well as the demonstration
and popularization of such uses.
For projects of new public buildings or residential buildings no higher than six-storey which require a
design of hot-water supply system, the development unit shall design and install according to a uniform
plan a solar water heating system that meets relevant standards. Development units shall also be
encouraged to design and install a solar water heating system for seven-storey-or-higher residential
buildings.
For projects of new government buildings or big public buildings, the development unit shall have a
system designed and installed according to a uniform plan for using renewable energy that meets relevant
energy efficiency standards.
Article 12
Within one year after the inspection-upon-completion of a newly-constructed government building or
big public building, or within one year after the inspection-upon-completion of the energy-conservation
renovation of such building, the development unit shall entrust an energy efficiency assessment agency to
make an energy efficiency assessment of the building, and post an energy assessment sign at an eyecatching place of the building based on the result of the energy efficiency assessment.
In the following cases, the owner of any of the buildings mentioned above shall procure a
reassessment of the building’s energy efficiency and post the energy efficiency assessment sign
accordingly:
1. the buildings’ cladding structure has been renovated;
2. the building’s main energy consuming equipment has been replaced; or
3. the building’s energy efficiency assessment sign expires.
Development units or owners of other buildings shall be encouraged to procure energy efficiency
assessment and post the energy efficiency assessment signs.
Chapter III Energy Conservation for New Buildings
Article 13
Development units shall comply with the energy conservation laws, rules, regulations and mandatory
energy conservation standards for civil buildings. They shall not tell design units or construction units,
expressly or by implication, to violate the mandatory energy conservation standards for civil buildings in
making designs and doing construction work. Nor shall they change without proper approval any aspects of
energy conservation in the construction drawings and design documents of the project.
The supervision unit shall cause the construction unit to make corrections when it finds any deviations
from the mandatory energy conservation standards for civil buildings. If the construction unit refuses to
make corrections, the supervision unit shall report to the development unit in a timely manner, as well as to
the relevant administrative department.
Article 14
In making designs the design unit shall comply with the energy conservation laws, rules,
regulations and mandatory standards for civil buildings. The design documents shall contain
aspects of energy conservation that meet relevant requirements.
Article 15
Examination agencies of construction drawings and design documents shall examine the
aspects of energy conservation thereof according to the mandatory energy conservation
standards for civil buildings. If such drawings and documents pass the examination, the
examination agency shall promptly produce an examination report.
The energy conservation aspects in the examination report regarding a project’s construction drawings
and design documents shall be signed by the examiner, and be confirmed by the seal of the examination
agency. Examination agencies of construction drawings and design documents shall not issue false
examination reports.
Aspects of the energy conservation in the design that have passed the examination shall not be altered
without authorization. If alteration is necessary, reexamination shall be conducted according to the original
examination procedures.
Article 16
The development unit shall entrust a qualified project quality testing agency to sample and test before
witness the energy efficient construction materials at the construction site and to conduct on-site testing of
the construction project.
The project quality testing agency shall conduct testing according to the construction-related energy
conservation standards, and instantly input the testing data into this Municipality’s information system of
construction project testing and supervision. Upon completion of the testing, the project quality testing
agency shall release testing reports via the information system. No false testing reports shall be released by
such testing agency.
Article 17
The MCMO and the district/county construction departments shall inspect and supervise the testing of
energy efficient construction materials by means of testing data examination, spot checks and comparison
tests.
The MCMO shall analyze the relevant data in this Municipality’s information system of construction
project testing and supervision, and publicize regularly a status report on the quality testing of energy
efficient construction materials.
Article 18
The construction unit shall not use substandard energy efficient conservation materials.
The MCMO and the district/county construction departments may spot check the energy efficient
conservation materials that are at the construction site. In the course of such spot checking, the construction
unit shall provide relevant information truthfully and cooperate in the on-site sampling.
Article 19
Where the development unit organizes the inspection-upon-completion of a construction project,
aspects of energy conservation shall be taken care of. The acceptance report made after such inspection
shall contain information regarding the inspection of the project’s energy conservation aspects.
Article 20
The development unit shall make known to the public, at the sites of construction and sale, the
project’s energy conservation capacity and measures, as well as protections required therefor, according to
the construction drawings and design documents that have passed the examination.
When selling a new civil building, the development unit shall set forth in the sales contract the
building’s energy consumption index, energy conservation measures and protection requirements, and the
warranty period of the building’s heat preservation work and other relevant information. When a new civil
building is delivered for use, the development unit shall set forth in the user’s manual the following:
1. the cladding structures and instructions on the protection and maintenance thereof;
2. the status of the building’s energy consumption system and instructions on its use; and
3. the status of the building’s renewable energy system and instructions on the protection and use
thereof.
When the development unit applies for permission to sell or deliver a building, the municipal and
district/county housing departments shall check the sales contract and the user’s manual to see whether they
contain information about construction-related energy conservation.
Article 21
The municipal construction department shall provide construction unit’s energy consumption
standards for civil construction projects, industrial projects and urban infrastructure projects according to
this Municipality’s plan of construction-related energy conservation and the overall goals of reducing
construction units’ energy consumption. Such standards shall be used as benchmarks for assessing the
construction units’ energy efficiency.
The standards of construction units’ energy consumption shall be revised from time to time in the light
of the actual situation.
Article 22
A construction unit shall establish rules for reducing energy consumption, set a goal of and make a
plan for energy conservation, and specify its tasks in each project it undertakes for attainment of the goal.
When preparing the construction drawings of a project, the construction unit shall set forth the
relevant technical measures for reducing its energy consumption, and ensure that the construction of the
project meets the standards of energy efficiency.
The construction unit shall keep a running account of its energy consumption for each construction
project, and make a good statistical analysis report regarding its energy efficiency.
Article 23
The MCMO and the district/county construction departments shall supervise and inspect the
construction unit’s implementation of energy conservation measures, and offer advice for addressing
existing problems and improving energy efficiency.
Article 24
Construction units shall submit reports of its energy consumption to the MCMO or the district/county
construction department as required. The municipal construction department shall summarize such reports
and send the summary to the municipal statistics department.
The municipal statistics department shall regularly release to the public information regarding
construction units’ energy consumption.
Article 25
Projects of reconstruction or expansion that involve cladding structures or energy use system of
buildings shall be governed by the provisions in laws and regulations on construction-related energy
conservation applicable to new buildings and the mandatory energy conservation standards for civil
buildings.
Chapter IV Energy Conservation Renovation of Existing Civil Buildings
Article 26
This Municipality shall renovate for the sake of energy conservation the different types of the existing
civil buildings step by step and in a well planned way, in the light of the actual circumstances of this
Municipality, including its level of economic and social development and the geographical and climate
conditions. In renovating the existing civil buildings, this Municipality shall encourage the design and
installation of renewable energy supply systems, such as the solar energy systems.
Article 27
The municipal departments of housing administration, government offices administration, commerce,
tourism, education, and public health shall duly investigate and analyze relevant facts of existing civil
buildings according to their respective functions and duties, and submit the investigation and analysis
reports to the municipal construction department.
On the basis of the plan of construction-related energy conservation and the investigation and analysis
report about existing civil buildings, the municipal construction department shall formulate an energy
conservation renovation plan for the existing civil buildings with help from other relevant departments, and
submit such plan to the Municipal People’s Government for approval. The energy conservation renovation
plan for the existing civil buildings shall be implemented by the relevant departments according to their
respective functions and duties.
The energy conservation renovation plan for the existing government buildings shall be formulated by
the municipal department of government offices administration together with the municipal construction
department.
Article 28
Government buildings and public buildings invested by or mainly invested by the government that fail
to meet the mandatory energy conservation standards for civil buildings shall be renovated for the sake of
energy conservation.
In renovating government buildings for the sake of energy conservation, this Municipality shall
encourage the use of the energy management contract (EMC).
Article 29
If government subsidy is granted for the renovation of residential apartment complexes, for house
repairs and build-outs or improvements of public buildings, energy conservation renovation shall be
undertaken concurrently. The development unit shall make clear the specific measures and expenses of the
energy conservation renovation on the basis of the mandatory energy conservation standards for renovating
existing civil buildings.
The development unit shall solicit the opinions of the interested parties with respect to the measures of
energy conservation renovation mentioned above.
Article 30
The development unit shall make an energy conservation renovation plan for a project of renovating
an existing civil building for the purpose of conserving energy, and shall use as first choice economically
feasible energy conservation technologies and devices such as external sun shades, renovation of doors and
windows, and heat resistant curtain walls.
Chapter V Maintenance of Energy Conservation Facilities in Civil Buildings
and Supervision over Their Energy Consumption
Article 31
When building out or improving a civil building for which energy conservation measures have been
taken, the development unit shall take necessary protective measures against any damage to the heatinsulation system of the building’s cladding structures, the energy supply system, and the renewable energy
supply system.
Article 32
Owners of civil buildings shall be responsible for the daily maintenance of the buildings’ energy
conservation facilities which are designed and installed according to a uniform plan, and ensure that such
facilities are in good condition. If any energy conservation facility is found to have been damaged and
unable to satisfy the energy conservation standards, the owner shall make repair or replacement in a timely
manner.
Shared energy conservation facilities in a building shall be covered by the services of the authorized
property management entity, and the property management service contract shall have provisions to that
effect.
Article 33
When building new government buildings or big public buildings, or renovating existing government
buildings or big public buildings for the purpose of energy conservation, the development unit shall have
metering devices installed for the different forms of energy consumed. Such devices shall be connected to
this Municipality’s information system for monitoring energy consumption of buildings.
The above-mentioned owners or users of buildings shall ensure that the metering devices for the
different forms of energy are properly installed, and shall transmit relevant energy consumption data as
required.
Article 34
Owners or the authorized property management entities of government buildings or big public
buildings shall regularly submit reports to the municipal construction department on the status of energy
use of the previous year. Such reports shall contain information regarding the total consumption of energy
of the previous year, the amount of each form of energy consumed, relevant information about the energy
conservation management system, the measures adopted for energy conservation, and effects thereof.
Article 35
The municipal and district/county construction departments may examine the energy consumption in
operating civil buildings by means of an energy audit. Owners or authorized property management entities
shall cooperate with such audits. The result of such examination shall be released to the public in
accordance with relevant provisions.
The municipal government offices administration department shall be responsible for examining the
energy consumption in operating government buildings. The municipal government offices administration
department shall send a copy of the examination report to the municipal construction department.
Owners or authorized management entities of buildings which are found with low energy efficiency
shall promptly improve their energy conservation management system, see to it that the energy
conservation measures are properly implemented, and raise the level of energy efficiency.
Chapter VI Incentives
Article 36
The municipal and district/county people’s governments shall set aside from the energy conservation
fund an amount for construction-related energy conservation, which shall be used as follows:
1. as incentives for model projects of civil buildings whose energy conservation devices surpass the
current standards of energy conservation;
2. for energy conservation renovation of existing civil buildings such as residential buildings;
3. to promote the use of renewable energy supply systems in buildings; and
4. for other activities that promote energy conservation in buildings.
The procedures of using and managing the energy conservation fund shall be formulated by the
municipal construction department together with the municipal development & reform department and the
municipal finance department.
Article 37
The expense for energy conservation renovation of government buildings shall be listed in and strictly
controlled by the financial budget of the people’s government at the same level.
The government shall give appropriate subsidies for the energy conservation renovation of residential
buildings and non-profit public buildings.
Article 38
Projects of civil building energy conservation shall be given preferential tax treatment in accordance
with the law.
Financial institutions shall be encouraged to provide credit support for projects of civil building
energy conservation in accordance with relevant provisions of the State.
Article 39
The municipal and district/county people’s governments shall formulate preferential policies to
encourage the investment of non-governmental funds to promote the use of renewable energy systems in
buildings, the energy conservation renovation of existing civil buildings, and model projects of civil
buildings.
Article 40
When it is necessary to use in a construction project new energy conservation technologies, processes
or materials for which there are no corresponding standards, the municipal construction department shall
arrange for relevant experts and professional service providers to make a technical feasibility study thereof.
If upon such study the new technologies, processes or materials are found to satisfy the energy conservation
requirements and the standards of quality safety, they may be used in the construction project.
If the new energy conservation technologies, processes or materials are technically mature, they may
be duly incorporated into the local energy conservation standards for buildings.
Article 41
The municipal construction department shall satisfactorily disseminate and popularize the energy
management contract, and provide service to and release information about the EMC enterprises on this
Municipality’s information system for monitoring the energy efficiency of buildings.
This Municipality encourages the investment of non-governmental funds on energy conservation
renovation of existing civil buildings by the EMC method.
Energy conservation service providers shall be entitled to monetary support, preferential tax treatment,
and financing services in accordance with relevant provisions of the State and this Municipality when they
undertake projects of energy conservation renovation of existing civil buildings by the EMC method.
Article 42
Development units shall be encouraged to build green buildings that surpass the current energy
conservation standards in accordance with the requirements of conserving energy, water, land and materials
as well as the requirements of environmental protection, and apply for the green building label given by the
State after evaluation.
Chapter VII Legal Liability
Article 43
Where laws, rules or regulations have provisions regarding penalties for violations of these
Regulations, such provisions shall prevail.
Article 44
If the development unit does any of the following in violation of these Regulations, the MCMO or the
district/county construction department shall impose penalties according to the following provisions:
1. for failing to install solar water heating systems or renewable energy systems as required in Clause
2 or 3 of Article 11, the development unit shall be ordered to make corrections within a time limit and may
receive a fine of not less than 50,000 yuan but not more than 500,000 yuan;
2. for telling the design unit or construction unit, expressly or by implication, to violate the mandatory
energy conservation standards for civil buildings in making designs and doing construction work, or for
changing without authorization any aspects of energy conservation in the construction drawings or design
documents as required in Clause 1 of Article 13, the development unit shall be ordered to make corrections
within a time limit and receive a fine of not less than 200,000 yuan but not more than 500,000 yuan; or
3. for failing to publicize energy conservation information at the project’s sites of construction or sales
as required in Clause 1 of Article 20, the development unit shall be ordered to make corrections within a
time limit; if it fails to make corrections within the time limit, it shall receive a fine of not less than 10,000
yuan but not more than 30,000 yuan.
Article 45
If the design unit fails to comply with the energy conservation laws, rules, regulations or
mandatory standards for civil building in their designs as required in Article 14 hereof, the
MCMO shall order it to make corrections within a time limit and impose a fine of not less
than 100,000 yuan but not more than 300,000 yuan; if the non-compliance is serious, the
municipal construction department shall order it to suspend operations for rectification, lower
its qualification grade or revoke its qualification certificate; if the design unit has caused
losses, it shall be held liable for compensations as provided by law.
Article 46
If the examination agency of construction drawings and design documents issues a false examination
report in violation of Clause 2 of Article 15 hereof, the MCMO shall order it to make corrections within a
time limit and may impose a fine of 30,000 yuan; illegal gains, if any, shall be confiscated; if the case is
serious, the municipal construction department shall revoke its approval of the examination agency in
accordance with relevant provisions.
Article 47
If the project’s quality testing agency does any of the following in violation of Clause 2 of Article 16
hereof, the MCMO shall order it to make corrections within a time limit; if it fails to do so, it shall receive a
fine of not less than 10,000 yuan but not more than 30,000 yuan:
1. failing to apply the construction-related energy conservation standards when conducting the testing;
2. failing to input the testing data into the information system of construction project testing and
supervision in a timely manner;
3. failing to issue the testing report via the information system of construction project testing and
supervision; or
4. issuing a false testing report.
Article 48
If the construction unit does any of the following in violation of these Regulations, it shall be
penalized by the MCMO or the district/county construction department according to the following
provisions:
1. for using substandard energy conservation materials for a construction project in violation of Clause
1 of Article 18 hereof, the construction unit shall be ordered to make corrections within a time limit and
may receive a fine of not less than 20,000 yuan but not more than 200,000 yuan; the person-in-charge and
the person directly liable shall receive a fine of not less than 5,000 yuan but not more than 50,000 yuan;
2. for failing to take measures and causing the construction unit’s energy efficiency falling below the
energy consumption standards for construction units in violation of Clause 2 of Article 22 hereof, the
construction unit may receive a fine of not less than 10,000 yuan but not more than 100,000 yuan; or
3. for failing to have a running account of its energy consumption for the construction projects, or
failing to make a satisfactory statistical analysis report of its energy consumption, the construction unit
shall be ordered to make corrections within a time limit and may receive a fine of not less than 10,000 yuan
but not more than 30,000 yuan.
Article 49
If an employee of the municipal construction department, the MCMO, the district/county construction
department or other relevant administrative departments does any of the following in violation of these
Regulations, the employer unit or its superior administrative department shall duly impose administrative
penalties on him or her, if the act constitutes a crime, he/she shall be prosecuted for criminal liability:
1. giving administrative permits or imposing administrative penalties in violation of law;
2. failing to perform the duty of supervision and inspection as required hereunder;
3. failing to promptly investigate or punish illegal acts upon discovery thereof, or covering up or
conniving at illegal acts, which causes consequences; or
4. other acts of neglecting one’s duties, abusing one’s powers, or committing frauds for personal gains.
Chapter VIII Supplementary Provisions
Article 50
Relevant terms in these Regulations are defined as follows:
1. “Civil buildings” means residential buildings and public buildings that are not used for productive
activities, including houses and apartment buildings, office buildings, schools, shops, hotels, and hospitals;
2. “Industrial buildings” means buildings of all kinds used for production, including workshops, living
facilities, and warehouses;
3. “Urban infrastructure” is the generic term for construction or social projects of infrastructure that
are necessary for the existence and growth of a city. They include construction projects of roads, tunnels,
bridges, rail transport systems, water supply and drainage systems, afforestation, water conservancy, and
ports.
4. “Large public building” means a public building with the floor space of no less than 20,000 square
meters;
5. “Energy efficiency assessment” means testing and computing the indexes that reflect a building’s
energy consumption and the efficiency of its energy use system and assessing the level of such indexes;
6. “Sampling and testing before witness” means the activities of the construction unit’s employee
responsible for testing who takes samples from the objects of the testing in the presence of witnesses
representing the development unit and the supervision unit in accordance with relevant technical standards
and specifications and sends such samples to a qualified testing agency for testing; and
7. “Green buildings” refers to buildings which in their life cycle are capable of minimizing
consumption of resources (energy, land, water and materials), protecting the environment and reducing
pollution, and which are congenial and space-efficient, allowing people to live healthily and in harmony
with nature.
Article 51
Villagers in the rural areas shall be encouraged to use energy conservation methods in building homes
and temporary buildings.
Article 52
These Regulations shall be effective as of January 1, 2011.